[RPPTL LandTen] Help! Section 83.232 & Wonderland ; Need Leg Intent & Volunteers to fix this thing!

Jeffrey Mazor jmazor at mazor.com
Sun Jan 26 11:52:28 PST 2014


Imagine a one-count action for possession of non-residential premise.  The
trial judge requires deposits to the Registry under FS 83.232 (i.e., "Rent
Pendent Lite"), and  orders disbursements  to the cash-strapped Landlord.
 He then grants partial summary to the Tenant on weird grounds and actually
orders the Registry to disburse the previously-deposited Rent Pendent Lite
to tenant's counsel (!) seemingly to be held in  his trust account.

On appeal, the DCA harshly rebuked both Tenant's counsel and the trial
judge and reversed the judgment. Thereafter the trial judge granted
judgment for possession to  the landlord, but, incredibly, rules that the
Tenant's attorney can keep the Rent Pendent Lite (!!), in part because
83.232 seems to leave disbursement (even where Landlord wins possession) up
to the imagination.

1.  Please, again, does anyone have anything that will show the legislative
intent regarding thee disposition of the Rent Pendent Lite, back in 1993.
I've pulled the records from the state archive to no avail?

2.  There is a note that the RPPTL section had input on the bill, but I
haven't found it yet. 'Anybody remember this or know how I can get a copy
of the memo's or letters or whatever?

3.  Would the committee be interested in working on a clarifying amendment
to the statute???

Please advise.

Jeffrey R. Mazor, Esq.
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